Legal Opinion

People v. Hayes

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 2012PublishedCited by 13 opinions

1Opinion of the Court

The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review, since he did not move to withdraw his plea on that ground prior to sentencing (see CPL 470.05 [2]; People v Gantt, 85 AD3d 815, 816 [2011]). In any event, his plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]).

The defendant’s contention that he was deprived of the effective assistance of counsel is without merit (see People v Ford, 86 NY2d 397, 404 [1995]).

Since the defendant pleaded guilty with…

2Cases cited4 opinions

  1. People v. FordNew York Court of Appeals · 1995
  2. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. FiumefreddoNew York Court of Appeals · 1993
  4. People v. GanttAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by13 opinions

  1. People v. AndreaAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ApplingAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. PollidoreAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012

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